JUDGMENT

KRISHNA IYER, J.:— Shri G. L. Sanghi, counsel for the petitioner, has raised a neat point of law, as he described it, that Act 13 of 1972, by which new buildings constructed during the period of 10 years would be given exemption from the operation of the Act, does not apply to buildings constructed prior to the amendment. His contention is that ordinarily a stature like this is prospective in operation unless there is clear legislative intent to the contrary. We are inclined to agree with him that this legislation is not retrospective and would have gone further to give him relief on that basis. But Shri Rana has pointed out that this specific question of law has not been raised not considered by the courts below and that the indulgence of this Court for raising the point of law should not be extended to the petitioner. The further reason given is that an undertaking had been given to the High Court to surrender vacant possession and a period of six months was secured from that court for that purpose. That period was however, used for coming to this Court and for declining to give possession. In a sense this is perilously near a breach of the word given to the Court and fo